The COVID-19 outbreak in 2020 dramatically altered the daily lives of millions of Americans. In addition to the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are expected to persist in the wake of the crisis.
Among the most immediate questions were those related to matters such as the scope of state and federal authorities concerning quarantine measures; state and national travel and entry restrictions; employment or workplace policies (work from home, etc.); restrictions on occupancy in bars, restaurants, and other businesses; the movement of medical goods; and health care coverage.
Ongoing legal issues may include:
• employment and workplace policies (work from home, etc.)
• development, delivery, and prioritization for vaccines, testing, and treatments
• postponing national elections
• civil liability for COVID-19 exposure
• criminal actions related to hoarding and price gouging
• providing economic assistance to individuals and businesses
• freezing foreclosures, evictions, and debt collection.
In South Carolina, the legal landscape in response to the COVID-19 pandemic has evolved to address both immediate and ongoing issues. Initially, the state government, under the authority of the Governor and public health officials, implemented measures such as quarantine mandates, travel restrictions, and occupancy limits in public spaces like bars and restaurants. These actions were based on emergency powers granted to the state to protect public health. Workplace policies, including work from home directives, were largely determined by individual employers, with guidance from state and federal recommendations. As the pandemic progressed, legal questions arose regarding the development and distribution of vaccines, with state agencies playing a role in prioritizing and administering vaccines in accordance with federal guidelines. The state also faced legal considerations regarding the postponement of elections, though federal and state laws provided mechanisms to ensure that elections proceeded with adjustments for public safety. Civil liability for COVID-19 exposure has been a contentious issue, with businesses seeking protections from lawsuits, while individuals seek recourse for negligence. Criminal actions against hoarding and price gouging were addressed through existing consumer protection laws, which were enforced more stringently during the pandemic. Economic assistance for individuals and businesses was provided through a combination of state and federal programs, including loans, grants, and unemployment benefits. Measures such as freezing foreclosures, evictions, and debt collection were implemented temporarily to alleviate financial stress on affected individuals, with specific regulations evolving as the situation developed. It is important to note that the legal responses to the pandemic are subject to change as new laws are passed and existing ones are interpreted by the courts.